REPUBLIC ACT No.

6539

AN ACT PREVENTING AND PENALIZING CARNAPPING

Section 1. This Act shall be known and may be cited as the "Anti-Carnapping Act of 1972."

Section 2. Definition of terms. The terms "carnapping", "motor vehicle", "defacing or tampering with",
"repainting", "body-building", "remodeling", "dismantling", and "overhauling", as used in this Act, shall
be understood, respectively, to mean

"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another without
the latter's consent, or by means of violence against or intimidation of persons, or by using
force upon things.

"Motor vehicle" is any vehicle propelled by any power other than muscular power using the
public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn
mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public
highways, vehicles, which run only on rails or tracks, and tractors, trailers and traction
engines of all kinds used exclusively for agricultural purposes. Trailers having any number of
wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall
be classified as separate motor vehicle with no power rating. lawphi 1™

"Defacing or tampering with" a serial number is the erasing, scratching, altering or changing
of the original factory-inscribed serial number on the motor vehicle engine, engine block or
chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number
on its motor engine, engine block or chassis which is different from that which is listed in the
records of the Bureau of Customs for motor vehicles imported into the Philippines, that motor
vehicle shall be considered to have a defaced or tampered with serial number.

"Repainting" is changing the color of a motor vehicle by means of painting. There is

repainting whenever the new color of a motor vehicle is different from its color as registered
in the Land Transportation Commission.

"Body-building" is a job undertaken on a motor vehicle in order to replace its entire body with
a new body.

"Remodeling" is the introduction of some changes in the shape or form of the body of the
motor vehicle.lawphi 1™

"Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle.

"Overhauling" is the cleaning or repairing of the whole engine of a motor vehicle by

separating the motor engine and its parts from the body of the motor vehicle.

Section 3. Registration of motor vehicle engine, engine block and chassis. Within one year after the
approval of this Act, every owner or possessor of unregistered motor vehicle or parts thereof in
knock down condition shall register with the Land Transportation Commission the motor vehicle
engine, engine block and chassis in his name or in the name of the real owner who shall be readily
available to answer any claim over the registered motor vehicle engine, engine block or chassis.
Thereafter, all motor vehicle engines, engine blocks and chassis not registered with the Land
Transportation Commission shall be considered as untaxed importation or coming from an illegal
source or carnapped, and shall be confiscated in favor of the Government.

All owners of motor vehicles in all cities and municipalities are required to register their cars with the
local police without paying any charges.

Section 4. Permanent registry of motor vehicle engines, engine blocks and chassis. The Land
Transportation Commission shall keep a permanent registry of motor vehicle engines, engine blocks
and chassis of all motor vehicles, specifying therein their type, make and serial numbers and stating
therein the names and addresses of their present and previous owners. Copies of the registry and of
all entries made thereon shall be furnished the Philippine Constabulary and all Land Transportation
Commission regional, provincial and city branch offices:Provided, That all Land Transportation
Commission regional, provincial and city branch offices are likewise obliged to furnish copies of all
registration of motor vehicles to the main office and to the Philippine Constabulary.

Section 5. Registration of sale, transfer, conveyance, substitution or replacement of a motor vehicle

engine, engine block or chassis. Every sale, transfer, conveyance, substitution or replacement of a
motor vehicle engine, engine block or chassis of a motor vehicle shall be registered with the Land
Transportation Commission. Motor vehicles assembled and rebuilt or repaired by replacement with
motor vehicle engines, engine blocks and chassis not registered with the Land Transportation
Commission shall not be issued certificates of registration and shall be considered as untaxed
imported motor vehicles or motor vehicles carnapped or proceeding from illegal sources.

Section 6. Original Registration of motor vehicles. Any person seeking the original registration of a
motor vehicle, whether that motor vehicle is newly assembled or rebuilt or acquired from a registered
owner, shall within one week after the completion of the assembly or rebuilding job or the acquisition
thereof from the registered owner, apply to the Philippine Constabulary for clearance of the motor
vehicle for registration with the Land Transportation Commission. The Philippine Constabulary shall,
upon receipt of the application, verify if the motor vehicle or its numbered parts are in the list of
carnapped motor vehicles or stolen motor vehicle parts. If the motor vehicle or any of its numbered
parts is not in that list, the Philippine Constabulary shall forthwith issue a certificate of clearance.
Upon presentation of the certificate of clearance from the Philippine Constabulary and after
verification of the registration of the motor vehicle engine, engine block and chassis in the
permanent registry of motor vehicle engines, engine blocks and chassis, the Land Transportation
Commission shall register the motor vehicle in accordance with existing laws, rules and regulations.

Section 7. Duty of Collector of Customs to report arrival of imported motor vehicle, etc. The
Collector of Customs of a principal port of entry where an imported motor vehicle, motor vehicle
engine, engine block chassis or body is unloaded, shall, within seven days after the arrival of the
imported motor vehicle or any of its parts enumerated herein, make a report of the shipment to the
Land Transportation Commission, specifying the make, type and serial numbers, if any, of the motor
vehicle engine, engine block and chassis or body, and stating the names and addresses of the
owner or consignee thereof. If the motor vehicle engine, engine block, chassis or body does not bear
any serial number, the Collector of Customs concerned shall hold the motor vehicle engine, engine
block, chassis or body until it is numbered by the Land Transportation Commission.

Section 8. Duty of importers, distributors and sellers of motor vehicles to keep record of stocks. Any
person engaged in the importation, distribution, and buying and selling of motor vehicles, motor
vehicle engines, engine blocks, chassis or body, shall keep a permanent record of his stocks, stating
therein their type, make and serial numbers, and the names and addresses of the persons from
whom they were acquired and the names and addresses of the persons to whom they were sold,
and shall render an accurate monthly report of his transactions in motor vehicles to the Land
Transportation Commission.

Section 9. Duty of manufacturers of engine blocks, chassis or body to cause numbering of engine
blocks, chassis or body manufactured. Any person engaged in the manufacture of engine blocks,
chassis or body shall cause the numbering of every engine block, chassis or body manufactured in a
convenient and conspicuous part thereof which the Land Transportation Commission may direct for
the purpose of uniformity and identification of the factory and shall submit to the Land Transportation
Commission a monthly report of the manufacture and sale of engine blocks, chassis or body.

Section 10. Clearance and permit required for assembly or rebuilding of motor vehicles. Any person
who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle
shall first secure a certificate of clearance from the Philippine Constabulary: Provided, That no such
permit shall be issued unless the applicant shall present a statement under oath containing the type,
make and serial numbers of the engine, chassis and body, if any, and the complete list of the spare
parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the
sources thereof.

In the case of motor vehicle engines to be mounted on motor boats, motor bancas and other light
water vessels, the applicant shall secure a permit from the Philippine Coast Guard, which office shall
in turn furnish the Land Transportation Commission the pertinent data concerning the motor vehicle
engines including their type, make and serial numbers.

Section 11. Clearance required for shipment of motor vehicles, motor vehicle engines, engine
blocks, chassis or body. Any person who owns or operates inter-island shipping or any water
transportation with launches, boats, vessels or ships shall within seven days submit a report to the
Philippine Constabulary on all motor vehicle, motor vehicle engines, engine blocks, chassis or
bodies transported by it for the motor vehicle, motor vehicle engine, engine block, chassis or body to
be loaded on board the launch, boat vessel or ship.

Section 12. Defacing or tampering with serial numbers of motor vehicle engines, engine blocks and
chassis. It shall be unlawful for any person to deface or otherwise tamper with the original or
registered serial number of motor vehicle engines, engine blocks and chassis.

Section 13. Penal Provisions. Any person who violates any provisions of this Act shall be punished
with imprisonment for not less than two years nor more than six years and a fine equal in amount to
the acquisition cost of the motor vehicle, motor vehicle engine or any other part involved in the
violation: Provided, That if the person violating any provision of this Act is a juridical person, the
penalty herein provided shall be imposed on its president or secretary and/or members of the board
of directors or any of its officers and employees who may have directly participated in the violation.

Any government official or employee who directly commits the unlawful acts defined in this Act or is
guilty of gross negligence of duty or connives with or permits the commission of any of the said
unlawful act shall, in addition to the penalty prescribed in the preceding paragraph, be dismissed
from the service with prejudice to his reinstatement and with disqualification from voting or being
voted for in any election and from appointment to any public office.

Section 14. Penalty for Carnapping. Any person who is found guilty of carnapping, as this term is
defined in Section two of this Act, shall, irrespective of the value of motor vehicle taken, be punished
by imprisonment for not less than fourteen years and eight months and not more than seventeen
years and four months, when the carnapping is committed without violence or intimidation of
persons, or force upon things; and by imprisonment for not less than seventeen years and four
months and not more than thirty years, when the carnapping is committed by means of violence
against or intimidation of any person, or force upon things; and the penalty of life imprisonment to
death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed
in the commission of the carnapping.

Section 15. Aliens. Aliens convicted under the provisions of this Act shall be deported immediately
after service of sentence without further proceedings by the Deportation Board.

Section 16. Reward. Any person who voluntarily gives information leading to the recovery of
carnapped vehicles and for the conviction of the persons charged with carnapping shall be given as
reward so much reward money as the Philippine Constabulary may fix. The Philippine Constabulary
is authorized to include in its annual budget the amount necessary to carry out the purposes of this
section. Any information given by informers shall be treated as confidential matter.

Section 17. Separability clause. If any provisions of this Act is declared invalid, the provisions
thereof not affected by such declaration shall remain in force and effect.

Section 18. Repealing clause. All laws, executive orders, rules and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

Section 19. Effectivity. This Act shall take effect upon its approval.

Approved: August 26, 1972

REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the principle
that a public office is a public trust, to repress certain acts of public officers and private persons alike
which constitute graft or corrupt practices or which may lead thereto.

Section 2. Definition of terms. As used in this Act, that term

(a) "Government" includes the national government, the local governments, the government-
owned and government-controlled corporations, and all other instrumentalities or agencies of
the Republic of the Philippines and their branches.

(b) "Public officer" includes elective and appointive officials and employees, permanent or
temporary, whether in the classified or unclassified or exempt service receiving
compensation, even nominal, from the government as defined in the preceding
subparagraph.

(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person
other than a member of the public officer's immediate family, in behalf of himself or of any
member of his family or relative within the fourth civil degree, either by consanguinity or
affinity, even on the occasion of a family celebration or national festivity like Christmas, if the
value of the gift is under the circumstances manifestly excessive.

(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers
already penalized by existing law, the following shall constitute corrupt practices of any public officer
and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced,
or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract or transaction
between the Government and any other part, wherein the public officer in his official capacity
has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or
material benefit, for himself or for another, from any person for whom the public officer, in
any manner or capacity, has secured or obtained, or will secure or obtain, any Government
permit or license, in consideration for the help given or to be given, without prejudice to
Section thirteen of this Act.
 (d) Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one year
after its termination.

(e) Causing any undue injury to any party, including the Government, or giving any private
party any unwarranted benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act
within a reasonable time on any matter pending before him for the purpose of obtaining,
directly or indirectly, from any person interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his own interest or giving undue
advantage in favor of or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited or will profit
thereby.

(h) Director or indirectly having financing or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in
which he is prohibited by the Constitution or by any law from having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in
any transaction or act requiring the approval of a board, panel or group of which he is a
member, and which exercises discretion in such approval, even if he votes against the same
or does not participate in the action of the board, committee, panel or group.

Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board,
panel or group to which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or advantage,
or of a mere representative or dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of a confidential character, acquired by his office or by him
on account of his official position to unauthorized persons, or releasing such information in
advance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and
(c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or
urging the divulging or untimely release of the confidential information referred to in subparagraph
(k) of this section shall, together with the offending public officer, be punished under Section nine of
this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from
transacting business in any form with the Government.

Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or
close personal relation with any public official to capitalize or exploit or take advantage of such family
or close personal relation by directly or indirectly requesting or receiving any present, gift or material
or pecuniary advantage from any other person having some business, transaction, application,
request or contract with the government, in which such public official has to intervene. Family
relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The
word "close personal relation" shall include close personal friendship, social and fraternal
connections, and professional employment all giving rise to intimacy which assures free access to
such public officer.

(b) It shall be unlawful for any person knowingly to induce or cause any public official to
commit any of the offenses defined in Section 3 hereof.

Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by
consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-
President of the Philippines, the President of the Senate, or the Speaker of the House of
Representatives, to intervene, directly or indirectly, in any business, transaction, contract or
application with the Government: Provided, That this section shall not apply to any person who, prior
to the assumption of office of any of the above officials to whom he is related, has been already
dealing with the Government along the same line of business, nor to any transaction, contract or
application already existing or pending at the time of such assumption of public office, nor to any
application filed by him the approval of which is not discretionary on the part of the official or officials
concerned but depends upon compliance with requisites provided by law, or rules or regulations
issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a
profession.

Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the
Congress during the term for which he has been elected, to acquire or receive any personal
pecuniary interest in any specific business enterprise which will be directly and particularly favored
or benefited by any law or resolution authored by him previously approved or adopted by the
Congress during the same term.

The provision of this section shall apply to any other public officer who recommended the initiation in
Congress of the enactment or adoption of any law or resolution, and acquires or receives any such
interest during his incumbency.

It shall likewise be unlawful for such member of Congress or other public officer, who, having such
interest prior to the approval of such law or resolution authored or recommended by him, continues
for thirty days after such approval to retain such interest.

Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the
approval of this Act or after assuming office, and within the month of January of every other year
thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation
from office, shall prepare and file with the office of the corresponding Department Head, or in the
case of a Head of Department or chief of an independent office, with the Office of the President, or in
the case of members of the Congress and the officials and employees thereof, with the Office of the
Secretary of the corresponding House, a true detailed and sworn statement of assets and liabilities,
including a statement of the amounts and sources of his income, the amounts of his personal and
family expenses and the amount of income taxes paid for the next preceding calendar year:
Provided, That public officers assuming office less than two months before the end of the calendar
year, may file their statements in the following months of January.

Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act
Numbered One thousand three hundred seventy-nine, a public official has been found to have
acquired during his incumbency, whether in his name or in the name of other persons, an amount of
property and/or money manifestly out of proportion to his salary and to his other lawful income, that
fact shall be a ground for dismissal or removal. Properties in the name of the spouse and unmarried
children of such public official may be taken into consideration, when their acquisition through
legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into consideration in
the enforcement of this section, notwithstanding any provision of law to the contrary.

Section 9. Penalties for violations. (a) Any public officer or private person committing any of the
unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with
imprisonment for not less than one year nor more than ten years, perpetual disqualification from
public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and
unexplained wealth manifestly out of proportion to his salary and other lawful income.

Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of
conviction of the accused, be entitled to recover in the criminal action with priority over the forfeiture
in favor of the Government, the amount of money or the thing he may have given to the accused, or
the value of such thing.

(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished
by a fine of not less than one hundred pesos nor more than one thousand pesos, or by
imprisonment not exceeding one year, or by both such fine and imprisonment, at the
discretion of the Court.

The violation of said section proven in a proper administrative proceeding shall be sufficient cause
for removal or dismissal of a public officer, even if no criminal prosecution is instituted against him.

Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act shall
be within the original jurisdiction of the proper Court of First Instance.

Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten
years.

Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an
investigation, criminal or administrative, or pending a prosecution against him, for any offense under
this Act or under the provisions of the Revised Penal Code on bribery.

Section 13. Suspension and loss of benefits. Any public officer against whom any criminal
prosecution under a valid information under this Act or under the provisions of the Revised Penal
Code on bribery is pending in court, shall be suspended from office. Should he be convicted by final
judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he
shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during
suspension, unless in the meantime administrative proceedings have been filed against him.

Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as
a mere ordinary token of gratitude or friendship according to local customs or usage, shall be
excepted from the provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful
trade or occupation by any private person or by any public officer who under the law may legitimately
practice his profession, trade or occupation, during his incumbency, except where the practice of
such profession, trade or occupation involves conspiracy with any other person or public official to
commit any of the violations penalized in this Act.
Section 15. Separability clause. If any provision of this Act or the application of such provision to
any person or circumstances is declared invalid, the remainder of the Act or the application of such
provision to other persons or circumstances shall not be affected by such declaration.

Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of determining
unexplained wealth, all property acquired by a public officer since he assumed office shall be taken
into consideration.

Approved: August 17, 1960